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Draft Regulations on Development Planning: Consultation Paper

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ANNEX E
PARTIAL EQUALITIES IMPACT ASSESSMENT

What is the purpose of the proposed policy (or changes to be made to the policy)?

These replacement development planning regulations are intended to provide a modernised set of regulations to govern the content of development plans and related documents, and procedures for their preparation.

Who is affected by the policy or who is intended to benefit from the proposed policy and how?

The proposed regulations will principally affect planning authorities and strategic development planning authorities. They will also affect parties who may wish to engage in the development plan process including landowners, potential developers and people affected by development proposals. The wider population should benefit from the efficient preparation of development plans if these deliver the development society needs in a speedy and co-ordinated manner.

How have you, or will you, put the policy into practice, and who is or will be delivering it?

The draft regulations contain responsibilities for Scottish Ministers and define key agencies who will be required to engage in the development planning process. But the principal responsibility for carrying out the actions required by the regulations lies with planning authorities and strategic development planning authorities.

In addition to the regulations, much of the Government's agenda for modernising the planning system will be taken forward through non-legislative means, including the issuing of revised guidance on development planning. It is hoped that this guidance will be released in the course of 2008.

How does the policy fit into our wider or related policy initiatives?

The draft regulations fit into the Government's strategic aims, in particular by producing a:

  • Wealthier and fairer Scotland - up-to-date development plans that effectively lead and manage change should enable businesses and people to increase their wealth and more people to share fairly in that wealth; and
  • Greener Scotland - development plans are a key tool for protecting and improving Scotland's natural and built environment and the sustainable use and enjoyment of it.

Most of the resource implications of the modernised planning system derive from the provisions of the 2006 Planning Act itself. The most significant resource implications arising out of the draft regulations are likely to be:

  • The requirement on planning authorities to notify the owners and neighbours of site-specific LDP proposals; and
  • The identification of the bodies that are proposed to be key agencies and will be required to co-operate at various stages of the plan preparation process.

What we already know about the diverse needs and/or experiences of your target audience

AGE

Evidence: Research contained in Planning and Community Involvement indicated that generally the people likely to volunteer their views on a planning application come from a narrow age profile dominated by the middle aged and the elderly.

Consultation: In its pre-legislative consultation on the Planning Bill, the Scottish Parliament's Communities Committee heard from a representative of the Scottish Youth Parliament that there is a need to consider how the planning process can be made more open and transparent so that it is easier to understand and that young people should be consulted in a proactive and non-tokenistic manner.

Summary of Evidence of Getting Involved In Planning
http://www.scotland.gov.uk/Publications/2002/10/15638/12159

Planning and Community Involvement in Scotland. http://www.scotland.gov.uk/Publications/2004/07/19666/40347

RACE

Research contained in Planning and Community Involvement indicated that white Caucasians dominated the responses to planning consultations in Scotland. Of the 142 responses to the questionnaire, only three (two percent) were from an ethnic minority. This is broadly in line with the ethnic mix across Scotland. However, in two of the three areas there was no involvement from people who were non-white.

Evidence from across Britain indicates that planners have little understanding of the relationship between planning and race equality. English research published in 2004 by the Office of the Deputy Prime Minister found that, 'issues about diversity and planning are not that well understood or a priority in planning practice and procedure.' The research also discovered that while a majority of planning officers had received some training on diversity issues, the training rarely made the link between planning and diversity. Although there is no equivalent research into planning in Scotland, the Commission of Racial Equality's knowledge of individual planning examples indicates that the situation in Scotland is no different. In the Government's experience, Scottish planning authorities have little awareness of the Royal Town Planning Institute's guidance on dealing with racist representations.

http://www.scotland.gov.uk/Publications/2004/07/19666/40347- Research highlighting the age, gender and race demographic of those involved in the planning system.

GENDER

The Department for Environment, Food and Rural Affairs funded focus groups (organised by the Women's Network) aimed primarily at looking at environmental decision-making for women. ' Women in decision-making' sets out views of women on barriers to participation.

In addition, research contained in Planning and Community Involvement showed that women were slightly more likely than men to become involved in the planning process, but significantly more likely to oppose a planning application.

Results from the Scottish Household Survey set out in Getting Involved in Planning: Summary of Evidence showed that broadly men and women were equally interested in the planning of their area, and equally considered it was important that people should be involved in the planning of their area.

DISABILITY

Local authorities amongst others have a specific duty to prepare and publish a Disability Equality Scheme setting out how they will meet these duties under the Disability Discrimination Act 2005.

The Disability Rights Commission ( DRC) supports The Scottish Government's piloting of model development plan policies to ensure more consistency across local authorities. In particular, we feel the model policies relating to the built environment should make explicit reference to the provisions of the Disability Discrimination Act to help ensure that both planners and developers comply with the law.

The DRC responded to the consultation on 'Making Development Plans Deliver. They believe that development plans have the potential to improve disabled people's access and involvement in the planning system, as well as access to participation within their neighbourhoods, communities and society as a whole. Their full response is available at: http://www.scotland.gov.uk/Resource/Doc/26350/0026228.pdf

RELIGION & BELIEF

The review of development plans every 5 years is supported by the General Trustees of the Church of Scotland as it would end the current system whereby every Local Authority is effectively operating on its own individual review cycle. The new proposal gives applicants a regular opportunity to propose inclusion of land in development plans thus avoiding land being frozen out of development for too long a period.

LGBT

Currently no evidence.

Do we need more information to help us understand the diverse needs and/ or experience of our target audience?

Though a good level of existing information exists in some areas, we recognise that there is scope to increase our knowledge, particularly in some areas. A number of equalities groups have been included in the consultation exercise covering interests relating to age, disability, gender, LGBT, race and religion and belief. We will monitor the responses made to the consultation exercise with a view to thinking more about the potential impact on equalities groups. To assist in this, we have included a specific question in the consultation paper seeking views on whether there are particular impacts on societal groups that we should be aware of.

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Page updated: Wednesday, October 31, 2007